Case: 1:13-cv-09271 Document #: 1 Filed: 12/27/13 Page 1 of 8 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

ADDICTION & DETOXIFICATION INSTITUTE, LLC, a New Jersey Limited Liability Corporation Plaintiff, v. PETER COLEMAN, an individual, THE COLEMAN INSTITUTE, LLC, a Virginia Limited Liability Company, and BEHAVIORAL HEALTH CARE ASSOCIATES, LTD., an Illinois Corporation, Defendants.

Civil Action No. 13-9271

FIRST COMPLAINT Plaintiff, Addiction & Detoxification Institute LLC (ADI) for its Complaint for Patent Infringement against Defendants Peter Coleman (Coleman), The Coleman Institute, LLC (Institute) and Behavioral Health Care Associates, LTD., (Behavioral) (collectively, hereafter Defendants), alleges as follows: PARTIES 1. Plaintiff ADI is a New Jersey corporation having an address located at

One South Center Street, Suite 202, Merchantville, New Jersey. 2. On information and belief, Defendant Coleman, an individual, owns

and operates Defendants Institute having an address located at 204 N. Hamilton Street, Suite B, Richmond, Virginia 23221.

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3.

On information and belief, Defendants Institute is a Virginia Limited

Liability Corporation having an address located at 204 N. Hamilton Street, Suite B, Richmond, Virginia 23221. 4. On information and belief, Defendant Coleman is the National Director of

Defendant Behavioral having an address located at 1375 E. Schaumburg Road, Suite 230, Schaumberg, Illinois 60194. 5. On information and belief Defendant Coleman and/or Institute also owns,

operates, controls and/or work in concert with, The Coleman Institute, having an address located at: 15090 Imperial Hwy, La Mirada, California 90638; Active Physical Medicine and Pain Center, PLLC, having an address located at: 6007 US Route 60 East, Suite 304, Barboursville, West Virginia 255051045; Emerald City Medical Arts, having an address located at: 16 Roy Street, Seattle, Washington 68109; Bay Center for Pain Management, having an address located at: 101 Clearwater Largo Road North, Largo, Florida 33770-2357, and, Central Texas Pain Center, having an address located at: 4316 James Casey, Building B, Suite 200, Austin, Texas 78734. 6. On information and belief, Defendants are engaged in the operation, use,

and offering for sale within the United States of opiate detoxification services and methods, including, but not limited to, anesthesia assisted opiate detoxification services and methods. JURISDICTION AND VENUE 7. This is an action for patent infringement arising under the patent laws of

the United States, Title 35, United States Code.

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8.

This Court has subject matter jurisdiction to 28 U.S.C. 1391(b),

1391(c), 1391(d), and 1400(b). 9. On information and belief, Defendants are subject to personal jurisdiction

in the Northern District of Illinois, Eastern Division the (District), consistent with the principles of due process, because Defendants maintain offices and facilities in this District, offer their products, services, and methods for sale, and do sell same, in this District, have transacted business in this District, have committed and/or contributed to and/or inducted acts of patent infringement in this District. 10. Venue is proper in this District pursuant to 28 U.S.C. 1391(b), 1391(c),

1391(d), and 1400(b).

PATENT INFRINGEMENT COUNTS 11. ADI is the owner of all right, title, and interest in U.S. Patent No.

5,789,411 the (411 patent) (ADI Patent) which Defendants are infringing and/or are contributorially infringing and/or inducing others to infringe by using, offering to sell, and/or selling methods and services that practice one or more inventions claimed in the ADI Patent. 12. On information and belief, Defendants have practiced and are practicing

the subject matter, including each and every element thereof, recited in at least method claim 1 of the 411 Patent, without authorization, by making, using, selling, and/or offering to sell said claimed method and/or otherwise treating patients thereby, and/or have contributed or induced others to make, use, sell and/or offering to sell said claimed method and/or otherwise treating patents thereby, and have continued to do so, and it is

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believed that discovery shall uncover additional infringement(s) by said Defendants of additional claims of the 411 Patent. 13. Defendants have profited through infringement, direct and/or indirect, of

the ADI Patent. As a result of Defendants unlawful infringement of the ADI Patent, ADI has suffered and will continue to suffer damage. ADI is entitled to recover from Defendants the damages suffered by ADI as a result of Defendants unlawful acts. 14. On information and belief, Defendants infringement, direct and/or

indirect, of one or more of the claims in the ADI Patent is willful and deliberate, entitling ADI to enhanced damages and reasonable attorneys fees and costs. 15. On information and belief, Defendants intent to continue their unlawful

infringing activity, and ADI continues to and will continue to suffer irreparable harm, for which there is no adequate remedy at law, from such unlawful infringing activity unless Defendants are enjoined by this Court.

COUNT 1 INFRINGEMENT OF U.S. PATENT NO. 5,789,411 16. ADI alleges and incorporates by reference the allegations set forth in

paragraphs 1-15. 17. ADI is the owner of all right, title, and interest in the 411 Patent, entitled

Improvements to Rapid Opiate Detoxification, duly and properly issued by the U.S. Patent and Trademark Office on August 4, 1998. A copy of the 411 Patent is attached as Exhibit A.

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18.

Defendants have been and/or directly infringing and/or inducing

infringement of and/or contributorially infringing the 411 Patent by, among other things, making, using, selling, offering to sell in the United States methods and services that are covered by at least one claim of the 411 Patent and/or contributing and/or inducing others to make, use, sell, or offering to sell in the United States methods and services that are covered by at least one claim of the 411 Patent.

DEMAND FOR JURY TRIAL 19. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, ADI

respectfully requests a trial by jury of all issues properly triable by jury.

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PRAYER FOR RELIEF WHEREFORE, ADI prays for relief as follows: A. B. For a judgment declaring that Defendants have infringed the ADI Patent; For a judgment awarding ADI compensatory damages as a result of

Defendants infringement of the ADI Patent and in no even less than a reasonable royalty; C. For a judgment declaring that Defendants infringement of the ADI Patent

has been willful and deliberate. D. For a judgment awarding ADI treble damages and pre-judgment interest

under 35 U.S.C. 284 as a result of Defendants willful and deliberate infringement of the ADI Patent; E. For a judgment declaring that this case is exceptional and awarding ADI

its expenses, costs, and attorneys fees in accordance with 35 U.S.C. 284 and 285 and Rule 54 of the Federal Rules of Civil Procedure; F. For a grant of a permanent injunction pursuant to 35 U.S.C. 283,

enjoining the Defendant from further acts of infringement; and G. For such other and further relief as the Court deems just and proper.

DATED THIS ________DAY OF DECEMBER, 2013.

Respectfully submitted,

______________________ By: Thomas K. Mirabile Plaintiffs Attorney

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Thomas K. Mirabile Mirabile Law Firm 1751 South Naperville Road Suite 203 Wheaton, Illinois 60187 lawchicago@earthlink.net

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CERTIFCATE OF SERVICE

I hereby certify that on December _________, 2013, pursuant to Federal Rules of Civil Procedure Rule 5 and the Northern District of Illinois General Order on Electronic Case Filing, I caused the following documents: FIRST COMPLAINT EXHIBIT A to be filed electronically with the Clerk of the Court through ECF, and that ECF will send an e-notice of the electronic filing to the following; Peter Coleman 204 N. Hamilton Street Suite B Richmond, Virginia 23220

I hereby certify that on December , 2013, I provided service to the persons listed above by the following means:

Dated: December , 2013 Respectfully submitted,

______________________ Thomas K. Mirabile Attorney for Plaintiff

Thomas K. Mirabile 1751 South Naperville Road Suite 203 Wheaton, Illinois 60187 Email: lawchicago@earthlink.net